The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in this book explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book''s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution''s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors. "A fascinating, illuminating and insightful exploration of the roots of intellectual property law in America. Essential for students, teachers and practitioners in the field. Intellectually sound and highly readable." -- Theodore Olson, Solicitor General of the United States, 2001-2004 "The current proposals for copyright and patent reform are often stated in an impatient manner, as if there were only one side to a difficult problem. It is therefore refreshing to have this book by Randolph May and Seth Cooper that offers a careful and instructive exploration of the larger natural law foundations of modern intellectual property law and shows how the traditional concerns of the natural lawyers lend added weight to the soundness of the current IP system." -- Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law "Given the importance of the protection of intellectual property rights to our nation''s economy and to innovation and investment, this book addressing the constitutional foundations and philosophical underpinnings of IP rights provides a valuable antidote to the all too prevalent and damaging populist view that ''information wants to be free.''" -- Robert Atkinson, President, Information Innovation & Technology Foundation "I loved the book, and I hope it finds a large audience. Over the years, I''ve had many people tell me my interpretation of the Constitution''s Intellectual Property Clause was wrong. Hopefully, this new book by Randolph May and Seth Cooper, with its scholarly yet highly readable treatment, will refocus the debate about IP rights on first principles and our Founders'' intentions." -- Marybeth Peters, Register of Copyrights of the United States, 1994-2011 "This is an essential volume for anyone who cares about the Constitution and intellectual property. The Framers thought intellectual property was important enough to provide for its protection expressly in the Constitution. This book provides invaluable insights into the Framers'' decision and should inform contemporary debates about the nature of that protection." -- Paul Clement, Solicitor General of the United States, 2005-2008 "Randolph May and Seth Cooper have authored a welcome addition to the literature on intellectual property rights. Well-researched and clearly written, this book provides an invaluable historical perspective that will contribute significantly to the ongoing debates about the conceptual underpinnings of copyright and patent law." -- Cary Sherman, Chairman and CEO of RIAA "Finally, two talented authors add intellectual heft to the ongoing debate about the true nature of copyright--as an exclusive private property right, or as a limited right to be doled out stingily, riddled with exceptions and limitations, to be given away free-of-charge. It has become fashionable in some academic circles to treat copyright exclusivity as a quaint but outmoded notion, and its advocates as hopeless naïfs. But Mr. May and Mr. Cooper, by going back to first principles and natural rights, show us that an exclusive property right is at the heart of copyright protection. Their learned analysis should be widely read, especially by Members of Congress and judges, to help them understand the true nature of the debate and the deep roots of the copyright pedigree as a natural private property right--historically unique, socially revolutionary, and worth fighting for. Three cheers for Messrs. May and Cooper!" -- Ralph Oman, Register of Copyrights of the United States, 1985-1993 "The natural rights approach that May and Cooper take has not disappeared entirely from copyright discourse these days. One hears hints of it in court opinions and policy statements, and a few intrepid academics write from such a perspective, including, for example, Adam Mossof and Mark Schultz, who are mentioned in the book''s acknowledgements. But May and Cooper have written a thorough recitation of how copyright is justified under a natural rights theory and how that justification is reflected in US law--and a project of such scope is increasingly rare...May and Cooper have contributed an excellent primer on the natural rights justification for intellectual property rights in the US and its reflection in the Constitution and early American jurisprudence." -- Terry Hart, Copyhype "May and Cooper''s book is written by academics for academics, though it is entirely accessible to any reader, if constitutional scholarship on intellectual property is your cup of post-revolutionary tea, so to speak." -- David Newhoff, The Illusion of More
"Intellectual property" - patents and copyrights - have become controversial. We witness teenagers being sued for "pirating" music - and we observe AIDS patients in Africa dying due to lack of ability to pay for drugs that are high priced to satisfy patent holders. Are patents and copyrights essential to thriving creation and innovation - do we need them so that we all may enjoy fine music and good health? Across time and space the resounding answer is: No. So-called intellectual property is in fact an "intellectual monopoly" that hinders rather than helps the competitive free market regime that has delivered wealth and innovation to our doorsteps. This book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples. The authors conclude that the only sensible policy to follow is to eliminate the patents and copyright systems as they currently exist.
DigiCat presents to you this unique and meticulously edited Spooner collection: Political Works No Treason, No. I No Treason. No II - The Constitution No Treason. No VI - The Constitution of No Authority Vices are Not Crimes: A Vindication of Moral Liberty No. 1. Revolution Natural Law; or the Science of Justice A Letter to Thomas F. Bayard A Letter to Grover Cleveland Writings on Economics: Poverty: Its Illegal Causes and Legal Cure A New System of Paper Currency Our Mechanical Industry as Affected by our Present Currency System Considerations for Bankers, and Holders of United States Bonds A New Banking System: The Needful Capital for Rebuilding the Burnt District Our Financiers: Their Ignorance, Usurpations, and Frauds The Law of Prices Gold and Silver as Standards of Value: The Flagrant Cheat in Regard to Them Universal Wealth Shown to be Easily Attainable Law & Constitution : "To the Members of the Legislature of Massachusetts." Worcester Republican Supreme Court of United States, January Term, 1839. Spooner vs. M'Connell, et al. Constitutional Law Relative to Credit, Currency, and Banking The Unconstitutionality of the Laws of Congress, Prohibiting Private Mails Illegality of the Trial of John W. Webster An Essay on the Trial by Jury The Law of Intellectual Property Articles of Association of the Spooner Copyright Company for Massachusetts A Letter to Scientist and Inventors, on the Science of Justice, and their Right of Perpetual Property in their Discoveries and Inventions Works on Religion: The Deist's Immortality, and an Essay on Man's Accountability for his Belief The Deist's Reply to the Alleged Supernatural Evidences of Christianity Works on Slavery and Abolition: A Defence for Fugitive Slaves A Plan for the Abolition of Slavery Address of the Free Constitutionalists to the People of the United States The Unconstitutionality of Slavery
How the future of the information economy will take place at the intersection of technology, law, and economics: lessons to be learned from the Microsoft antitrust trial, open-source software, and Napster. While we were waiting for the Internet to make us rich—back when we thought all we had to do was to buy lottery tickets called dotcom shares—we missed the real story of the information economy. That story, says Bruce Abramson in Digital Phoenix, took place at the intersection of technology, law, and economics. It unfolded through Microsoft's manipulation of software markets, through open source projects like Linux, and through the file-sharing adventures that Napster enabled. Linux and Napster in particular exploited newly enabled business models to make information sharing cheap and easy; both systems met strong opposition from entrenched interests intent on preserving their own profits. These scenarios set the stage for the future of the information economy, a future in which each new technology will threaten powerful incumbents—who will, in turn, fight to retard this "dangerous new direction" of progress. Disentangling the technological, legal, and economic threads of the story, Abramson argues that the key to the entire information economy—understanding the past and preparing for the future—lies in our approach to intellectual property and idea markets. The critical challenge of the information age, he says, is to motivate the creation and dissemination of ideas. After discussing relevant issues in intellectual property and antitrust law, the economics of competition, and artificial intelligence and software engineering, Abramson tells the information economy's formative histories: the Microsoft antitrust trial, the open-source movement, and (in a chapter called "The Computer Ate My Industry") the advent of digital music. Finally, he looks toward the future, examining some ways that intellectual property reform could power economic growth and showing how the information economy will reshape the ways we think about business, employment, society, and public policy—how the information economy, in fact, can make us all rich, as consumers and producers, if not as investors.
